Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-11
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become O part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land ONCE.
An application will be rejected when the
scription Of the premises Ia erroneous or
sufficient.
Application for patent Will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in o
newspaper designated - published nearest the
claim.
T~hird-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
tinct portions Of . claim, application for
patent may be made by either for tn at portion
Of the claim owned by him; but where several
parties own undivided interests in { mining
claim ell should join in an application for q
patent.
A person or association may purchase as
many placer locations IS the local law admits
and embrace them all in one application for Q
patont.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing TO act IS a deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries of q town site
q clause Is inserted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures. lots,
blocks. streets, alleys or other municipal I'm
| provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment of the
| same"
| Publication of notice must be made q only
| one newspaper for the period of go days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elapse between the
| fret and last insertions.
Where the Register designates the d aiiy Issue
of q newspaper fer publication of notices of 9
mining application for patent 1t IL not Q com
pltance with law TO change to the weekly edi
ton OF the same paper without authority Of
the Register.
The existence Of Q salt spring on . tract Of
land withdraws 1t from the operation of thi
homestead and presumption laws. A hearint
for the purpose Of proving the agriculture
VIAL tSO VI DotA ~ A. Nv 8AAoMo1 Ahnl
containing valuable deposits of slate may b,
entered under the mining Acts.
ADVERSE CLAIMS.
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be Withdrawn, but becomes a part Of tn,
record.
When an adverse claim has been filed 1t can
not be amended SO as to embrace g larger por
ton Of the premises than that described in tn,
original adverse claim.
An adverse claim must be made out ii
proper form and filed in the proper local Off c.
during the period of publication of the sppli
cation for the patent TO be effective.
1t 10 the duty of the adverse claimant
commence suit in proper form within the re
quired time. and II he trusts the uncertain
medium of the United States mail he mus
abide the consequences, should the delay
ensue, through misfortune or accident. ShoulC
the failure to suit be the result OF
the cor fupt or dishonest action Of his attorney
the Interior Department cannot redress tn,
wrong.
An adverse claimant should set forth In de
tail the facts upon which he bases HIS sdvers,
claim. A statement in general terms, embody
ing conclusions Of law, without stating thu
facts specially, will not lie considered In evi
dence.
An adverse claimant should show q compli
snce with the local laws In recording his CLAIM
and In regard to expenditures. and shall hle
copy Of the original notice Of his location, snt
show the nature or extent OF the confic
alleged.
An allegation Of parties to q suit that the,
compose the company IL sufficient, and the,
are not required to prove that they are tn,
original ~locators or the identical parties whS
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
Where land is of little. If any value. for agri
cultural purposes, but 10 essential to the
proper development OF mining claims, II
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled a. any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable de.
posits.
Where valuable deposits of mineral sre dis.
covered upon q tract after the same has been
entered as agricultural. but before | kent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled t.
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF II. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not Q citizen before disposing Of his
claim must be sffrmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens,
In the absence OF allegation or objection prior
to issuance Of patent.
The portion Of Q mining claim sold 10 an
alien cannot be patented while such owner Ia
an alien; but on his declsrationi o become a
citizen his right dates back TO his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LRDaEs,
Revised Statutes. Section 2. 1855:
Where two or more led ges cross or intersect
each other, priority Of title shall govern. ana
such prior location shall be entitled to ali ore
or mineral contained within the space of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union, in.
Guiding all the space OF intersection.
TUNNELS.